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As to supporting
an Action upon
(The relessor) not having re-purchased the Covenant for lands and premises according to the proviso in the precedent, No. LIV. and the time limited for that purpose having expired, (relessee) sold the same which sum was to have been paid last Lady Day, but the (purchaser) refuses to complete the purchase, unless (relessor) will join in the conveyance, to which his counsel has given an opinion he is a necessary party, (relessor) refuses to join in the conveyance, and there the matter rests.
Your opinion is desired whether (relessee)
I am of opinion that (relessor) is a necessary party to join in the conveyance, or at least he may reasonably be thought so, and that an action will lie for his refusal, previous to which (relessee) should render him an account of the sale and of the rents and profits agreeable to the deed of covenants, and the deed to which (relessor's) signature is required should be tendered for execution; and I think he ought to have the draft of it before the tender, to know if he approves it, or wishes to make any and what alterations, for which a reasonable time should be al lowed.
DECLARATION OF TRUSTS.
Declaration of the Trusts of a Term for Mortgagee and Mortgagor.
IN TRUST NEVERTHELESS for the said (mortgagee) his executors, administrators, and assigns, to be from time to time disposed of as he or they shall direct for the better securing the re-payment of the said sum of and the interest thereof,
according to the said proviso contained in the said indenture of release and assignment bearing even date herewith, and in the mean time and subject to such disposition or dispositions as may be made thereof as aforesaid, IN TRUST AND TO THE INTENT that the remainder which shall be from time to time to come and unexpired of the said several terms, may wait upon and attend the freehold and inheritance of the said hereditaments and premises, in order to protect the same from all mesne and intervening incumbrauces, if any such there bed to be assigned and disposed of as the person or persons who shall from time to time be entitled to such freehold and inheritance shall direct or appoint, and upon no other trust, and to and for no other intent or purpose whatever (1).
(1) conceive this to be the proper mode of declaring a trust of a term for a mortgagee and mortgagor, although the manner in which the draft was prepared was in the usual form; but in case of foreclosure it seems to me that there might be considerable doubts whether the term attended the inheritance upon an assignment in the common form.
RE-GRANT AND RE-CONVEYANCE.
Re-grant of an Annuity and Re-conveyance (by Indorsement) on a Deed of Grant and Conveyance which had become void for want of a Memorial, pursuant to the Statute of the 17th of his present Majesty.
Of Annuity and
for want of a
THIS INDENTURE, made, &c. BETWEEN the Parties. within named (grantor) of the first part; the within named (trustees) of the second part; the within named (trustee of a satisfied term) of the third part; and the within named (grantees) of the fourth part. WHEREAS a memorial of the Recites that within written indenture, and of the bond and become void warrant of attorney therein recited, hath been neg- memorial. fected to be inrolled pursuant to an Act of Parliament made and passed for that purpose in the seventeenth year of the reign of his present Majesty, by reason whereof the said annuity and the several securities for the same have become void or voidable. AND WHEREAS, the sum of the consideration within mentioned was paid by money as withthe said (trustee of a satisfied term) to the said in. (grantor) as within expressed, which the said (grantor) doth hereby acknowledge, testified by his sealing and delivering these presents. AND That the said WHEREAS, the said (grantor) is desirous of grant- sirous of effecing and well and effectually securing to the ut- said annuity. most in his power unto the said (grantees) an annuity or clear yearly rent-charge of during the lives of the within named (cestui que
Payment of the consideration
grantor was de
AND RECONVEY. ANCE.
vives) and the life of the survivor of them. Now THIS INDENTURE WITNESS ETH, that for and in consideration of the sum of
so paid as Of Annuity and aforesaid, He the said (grantor) HATH granted, Indorsement. bargained, sold and confirmed, and by these presents DoTH grant, bargain, sell, and confirm unto the said (grantees) their executors, administrators and assigns, for and during the joint lives of the said (cestui que vives) and the life of the survivor of them ONE ANNUITY or clear yearly sum of of lawful money of, &c. to commence and be computed from the day of last past, before the sealing and delivering hereof, and to be charged and chargeable upon and yearly issuing and payable out of, and had, received, and taken by them the said (grantees) their executors, administrators and assigns, by, out of and from ALL and singular the said manor or reputed manor of otherwise and all other the freehold manors, messuages, tenements, closes, lands, meadows, pastures, grounds and hereditaments, and all the customary and copyhold messuages or tenements, lands, hereditaments and premises within mentioned, described or referred to, and charged or intended to be charged with the within-mentioned annuity or rent-charge of To have, hold, receive, take and enjoy the said annuity or clear yearly hereby granted unto the said (grantees) their executors, administrators and assigns, for and during the joint lives of the within named (cestui que vives) and the life of the survivor of them, and to be paid and payable quarterly, at or in the common dining-hall of Lincoln's Inn in the county of Middlesex, on such
and the same days and times as are within men
tioned for the payment of the annuity or yearly CONVEY rent-charge by the within written indenture granted or intended so to be, and with such pro- Of Annuity and portionable part of the quarterly payment of the Indorsement. said annuity or yearly rent-charge of
powers of dis
shall happen to be accruing if any at the time of the decease of the survivor of the said (cestui que vives) and all the said payments to be made free and clear of and without any deduction or abatement whatsoever as within also mentioned. AND Covenant that grantee may the said (grantor) for himself, his heirs, execu- use the usual tors and administrators doth hereby grant, cove-tress and entry. nant and agree to and with the said (grantees) their executors, administrators and assigns, that it shall and may be lawful to and for the said (grantees) their executors, administrators and assigns, to have, use, and exercise such and the same powers of distress and entry for the recovery of the said annuity hereby granted, as is or is intended to be within given to them for securing the payment of the annuity within granted or intended so to be. AND the said (grantor) for Grantor covehimself, his heirs, executors and administrators the annuity. doth hereby covenant, promise and agree to and with the said (grantees) their executors, administrators and assigns, that he the said (grantor) his heirs, executors and administrators shall and will well and truly pay or cause to be paid unto the said (grantees) their executors, administrators and assigns the said annuity or yearly sum of hereby granted at the several days and times and in the manner herein before mentioned. AND ALSO, that he the said (grantor) hath in That he hath himself good right, full power and absolute au
right to charge,